Mohammed. Jafier v. 1. The State of.Telangana

Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ of ltlandamus or any other appropriate writ declaring that the action of the 2nd respondent in not rectifying the respective extents of Sy.No.141 and 1a2 (Sy.No.141 being government tand admeasuring Ac.1-05 guntas in Sy.No.142 admeasuring Ac.3-37 guntas private patta land) is arbitrary, illegal and direct the 2nd respondent to pass appropriate orders on the representation of the petitioner dated 02.06.2025 and consequently rectify the extent of the land in Sy.No.142 as Ac.3-37 guntas, patta land of the petitioner and direct the Tahsildar to issue pattadar pass book and title deeds to the petitioner and further direct deletion of the said patta from the list of prohibited properties for purpose of sale transactions under Section 22A of the Registration Act, 1908, rectifying the extent of the land in sy.No.141 as Ac.1-05 guntas lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 2nd respondent to consider and pass appropriate orders on' the representation of the petitioner dated 02.06.2025 with regard to the incorrect recording of the extent of land in Sy.No.142 and rectify the same as patta land admeasuring Ac.3-37 guntas of Kowlampet village, Kandi Mandal, Sanga Reddy District along with extent of Sy.No.141 (government land) as Ac.1-05 guntas by directing the Tahsildar to issue pattadar pass books and tifle deeds to the petitioner in respect of the land admeasuring Ac.3-37 guntas in Sy.No. 142 of the Kowlampet village, Kandi Mandal, Sanga Reddy District, pending disposal of the writ petition. counsel for the Petitioner: sRt M/s BHARADWAJ ASSoctATES counsel for the Respondents: sRr L.RAVINDER, AGp FoR REVENUE The Court made the following: ORDER I i I i a I I ' I I I I t I I IN THE HIGH COURT FOR THE STATE OF TELANGANA AT ITYDERABAD THE HON'BLE SRI JUSTICE E.V.VENUGOPAL WRIT PETITION No.19186 of 2O25 DATE OF ORDER: 22.L2.2O25 Betureen: Mohammed Jaffer AND ...Petitioner The State of Telangana, rep. by its Principal Secretary, Revenue Department, Secretariat Buildings, and others ...Respondents ORDER: This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the following relief: "...to issue a Writ of Mandamus or anA other appropriate writ declaring that the action of the 2nd respondent in not rectifying tLLe respectiue extents of Sy.No.141 and 142 (Sy.No.lal being gouerrlment land admeasuing Ac'1-o5 guntas in sy.ivo. 142 ad.measuring Ac'3-37 guntas piuate patta tand) is arbitrary, ilregar and. direct the 2nd. respondent topass appropriate ord.ers on the representation of the petitionsr aitea-O2.O6.2025 and" consequentrg rectifu the extent of the land in sg.No.142 as Ac.3-37 guntas, patta tand of the petitioner and" direct the Tahsdar to issue pattad-arpass book and titre d.eeds to the petitioner and, further d.irect deretion of the said. patta from the tist of prohibited. properties for purpose of sale transacfions und.er section 22A of the Registration Act, 1909, while rectifuing the extent of the rand. in Sy.No.141 as Ac.1_OS guntas _ Gouernment assigned. Iand and grant....." 2' Heard sri vedura venkata Ramana, rearned Senior counsel representing M/s. Bharadwaj Associates, appearing for the petitioner and sri L.Ravinder, learned Assistant Government preader for Revenue, for the respondents and perused the record. appearing for the petitioner

3. Learned Senior Counsel would submit that the land ad measuring Acs.3.37 guntas in Sy'No' 142, situated at Kowrampet village, Kandi Mandar, sanga Reddy District is the petitioner,s ancestral property. The subject propert5r was originally recorded in the Khasra Pahani, sethwar and wasoorbaki to the effect that the extent Page 3 of6 of land in Sy.No.142 of Kowlampet Village is a private patta land admeasuring Acs.3.37 guntas. The petitioner is in physical possession a:rd enjoyment of the subject property as evidenced by the pahani patrikas.

4. The land in Sy.No.141 (neighbouring survey number) of Kowlampet Village, as per the village plan of Kowlampet Village, is recorded as government land admeasuring Ac. 1.05 guntas. The said government land was subject matter of assignment to certain persons, but the extent of the government land is only Ac. 1.05 guntas whereas the subject land admeasuring Acs.3.37 guntas in Sy.No.142 of Kowlampet Village is a private patta land. At present, the petitioner is cultivating the subject land. The land in Sy.No.141 and 142 of the village was changed/interchanged and thus the land of the petitioner admeasuring Acs.3'37 guntas in Sy.No.141 is now being shown as Sy.No. 142 Ac. 1.05 guntas and the land in Sy.No.142 (originally the land of the petitioner) is being now shown as Sy.No. t41 with the exteni of Acs.3.37 guntas was government assigned land. On account of the cl:ange/interchange of two survey numbers, pattedar passbooks and titre deeds were not issued to the petitioners. Aggrieved by the sarne, the petitioner submitted a representation dated 02.06.2025 to respondent No.2 to the effect that the mistake committed by the Tahsildar in changing the extent of the land to an extent of Ac.1.o5 guntas in sy.No.142, when the actuar extent is Acs.3.37 guntas, is illegal and riable to be rectified and to recorded me as the pattedar of the land admeasuring Acs .3.37 guntas in sy'No. 142 (ord" sy.No. r4r) of the vilIage and arso deleted the subject land from the rist of prohibited properties for the purpose of registration of sare transactions. As the cause of action for the present writ petition is the non_disposal of the said representation dated 02-06.2025 byrespondent No.2. 5' Learned Assistant Government preader for Revenue would submit that the materiar papers filed by the petitioner --t i Page 5 of6 establish the land on which the petitioner relying upon is shown in the pahanies issued as l{hafiz Khata. Hence, seeks to direct the petitioner to file necessary application under the relevant provisions of the Bhu Bharati Act, 2025, upon receiving the sarne, the respondent-authorities will consider the same and pass appropriate orders in accordance with law.

6. In tJle light of the aforesaid facts and circumstances of the case and upon perusing the material available on record, this Writ Petition is disposed ol granting liberty to the petitioner to make necessary application as per the relevant provisions of Bhu Bharati Act, 2025, upon filing such application, the respondent-authorities shall consider the sarne and pass appropriate orders, strictly in accordance with law by putting the petitioner all interested parties on notice and affording them an opportunity of hearing. Il respondent-authorities are not inclined to accept the request made by the petitioner, they shall assign specific reasons, l ! Page 6 of6 \ pass a reasoned order, commuhicate a copy of the said order to the petitioner and complete the said exercise as expeditiously as possible and as per the procedure laid down under law. There shall be no order as to costs. Miscellaneots petitions, if any, pending in this writ petition shall stand closed. //TRUE COPY// SD/-P. PONNA KRISHNA TANT REGISTRAR SECTION OFFICER R I To,

1. The Principal secretary, Revenue Department, secretariat, Hyderabad. 2. The District collector, sanga Reddy District at sanga Reddy. 3. The Revenue Divisional Officer, Sanga Reddy Division, Sanga Reddy District. 4. The Tahsildar, Kandi Mandal, Kandi, sanga Reddy District. 5. one cc to SRI M/s BHARADWAJ ASSOC|ATES, Advocate [opUC] 6. Two ccs to GP. FoR REVENUE, High court forthe state of relangana at Hyderabad . [OUTI

7. Two CD Copies PMK BS HIGH COURT DATED t2211212025 c L-r t:) 't 5 F,l\.R 2026 * * ORDER WP.No.19186 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS 0 #>JKS a+f"l"n

Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ of ltlandamus or any other appropriate writ declaring that the action of the 2nd respondent in not rectifying the respective extents of Sy.No.141 and 1a2 (Sy.No.141 being government tand admeasuring Ac.1-05 guntas in Sy.No.142 admeasuring Ac.3-37 guntas private patta land) is arbitrary, illegal and direct the 2nd respondent to pass appropriate orders on the representation of the petitioner dated 02.06.2025 and consequently rectify the extent of the land in Sy.No.142 as Ac.3-37 guntas, patta land of the petitioner and direct the Tahsildar to issue pattadar pass book and title deeds to the petitioner and further direct deletion of the said patta from the list of prohibited properties for purpose of sale transactions under Section 22A of the Registration Act, 1908, rectifying the extent of the land in sy.No.141 as Ac.1-05 guntas lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 2nd respondent to consider and pass appropriate orders on' the representation of the petitioner dated 02.06.2025 with regard to the incorrect recording of the extent of land in Sy.No.142 and rectify the same as patta land admeasuring Ac.3-37 guntas of Kowlampet village, Kandi Mandal, Sanga Reddy District along with extent of Sy.No.141 (government land) as Ac.1-05 guntas by directing the Tahsildar to issue pattadar pass books and tifle deeds to the petitioner in respect of the land admeasuring Ac.3-37 guntas in Sy.No. 142 of the Kowlampet village, Kandi Mandal, Sanga Reddy District, pending disposal of the writ petition. counsel for the Petitioner: sRt M/s BHARADWAJ ASSoctATES counsel for the Respondents: sRr L.RAVINDER, AGp FoR REVENUE The Court made the following: ORDER I i I i a I I ' I I I I t I I IN THE HIGH COURT FOR THE STATE OF TELANGANA AT ITYDERABAD THE HON'BLE SRI JUSTICE E.V.VENUGOPAL WRIT PETITION No.19186 of 2O25 DATE OF ORDER: 22.L2.2O25 Betureen: Mohammed Jaffer AND ...Petitioner The State of Telangana, rep. by its Principal Secretary, Revenue Department, Secretariat Buildings, and others ...Respondents ORDER: This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the following relief: "...to issue a Writ of Mandamus or anA other appropriate writ declaring that the action of the 2nd respondent in not rectifying tLLe respectiue extents of Sy.No.141 and 142 (Sy.No.lal being gouerrlment land admeasuing Ac'1-o5 guntas in sy.ivo. 142 ad.measuring Ac'3-37 guntas piuate patta tand) is arbitrary, ilregar and. direct the 2nd. respondent topass appropriate ord.ers on the representation of the petitionsr aitea-O2.O6.2025 and" consequentrg rectifu the extent of the land in sg.No.142 as Ac.3-37 guntas, patta tand of the petitioner and" direct the Tahsdar to issue pattad-arpass book and titre d.eeds to the petitioner and, further d.irect deretion of the said. patta from the tist of prohibited. properties for purpose of sale transacfions und.er section 22A of the Registration Act, 1909, while rectifuing the extent of the rand. in Sy.No.141 as Ac.1_OS guntas _ Gouernment assigned. Iand and grant....." 2' Heard sri vedura venkata Ramana, rearned Senior counsel representing M/s. Bharadwaj Associates, appearing for the petitioner and sri L.Ravinder, learned Assistant Government preader for Revenue, for the respondents and perused the record. appearing for the petitioner

3. Learned Senior Counsel would submit that the land ad measuring Acs.3.37 guntas in Sy'No' 142, situated at Kowrampet village, Kandi Mandar, sanga Reddy District is the petitioner,s ancestral property. The subject propert5r was originally recorded in the Khasra Pahani, sethwar and wasoorbaki to the effect that the extent Page 3 of6 of land in Sy.No.142 of Kowlampet Village is a private patta land admeasuring Acs.3.37 guntas. The petitioner is in physical possession a:rd enjoyment of the subject property as evidenced by the pahani patrikas.

4. The land in Sy.No.141 (neighbouring survey number) of Kowlampet Village, as per the village plan of Kowlampet Village, is recorded as government land admeasuring Ac. 1.05 guntas. The said government land was subject matter of assignment to certain persons, but the extent of the government land is only Ac. 1.05 guntas whereas the subject land admeasuring Acs.3.37 guntas in Sy.No.142 of Kowlampet Village is a private patta land. At present, the petitioner is cultivating the subject land. The land in Sy.No.141 and 142 of the village was changed/interchanged and thus the land of the petitioner admeasuring Acs.3'37 guntas in Sy.No.141 is now being shown as Sy.No. 142 Ac. 1.05 guntas and the land in Sy.No.142 (originally the land of the petitioner) is being now shown as Sy.No. t41 with the exteni of Acs.3.37 guntas was government assigned land. On account of the cl:ange/interchange of two survey numbers, pattedar passbooks and titre deeds were not issued to the petitioners. Aggrieved by the sarne, the petitioner submitted a representation dated 02.06.2025 to respondent No.2 to the effect that the mistake committed by the Tahsildar in changing the extent of the land to an extent of Ac.1.o5 guntas in sy.No.142, when the actuar extent is Acs.3.37 guntas, is illegal and riable to be rectified and to recorded me as the pattedar of the land admeasuring Acs .3.37 guntas in sy'No. 142 (ord" sy.No. r4r) of the vilIage and arso deleted the subject land from the rist of prohibited properties for the purpose of registration of sare transactions. As the cause of action for the present writ petition is the non_disposal of the said representation dated 02-06.2025 byrespondent No.2. 5' Learned Assistant Government preader for Revenue would submit that the materiar papers filed by the petitioner --t i Page 5 of6 establish the land on which the petitioner relying upon is shown in the pahanies issued as l{hafiz Khata. Hence, seeks to direct the petitioner to file necessary application under the relevant provisions of the Bhu Bharati Act, 2025, upon receiving the sarne, the respondent-authorities will consider the same and pass appropriate orders in accordance with law.

6. In tJle light of the aforesaid facts and circumstances of the case and upon perusing the material available on record, this Writ Petition is disposed ol granting liberty to the petitioner to make necessary application as per the relevant provisions of Bhu Bharati Act, 2025, upon filing such application, the respondent-authorities shall consider the sarne and pass appropriate orders, strictly in accordance with law by putting the petitioner all interested parties on notice and affording them an opportunity of hearing. Il respondent-authorities are not inclined to accept the request made by the petitioner, they shall assign specific reasons, l ! Page 6 of6 \ pass a reasoned order, commuhicate a copy of the said order to the petitioner and complete the said exercise as expeditiously as possible and as per the procedure laid down under law. There shall be no order as to costs. Miscellaneots petitions, if any, pending in this writ petition shall stand closed. //TRUE COPY// SD/-P. PONNA KRISHNA TANT REGISTRAR SECTION OFFICER R I To,

1. The Principal secretary, Revenue Department, secretariat, Hyderabad. 2. The District collector, sanga Reddy District at sanga Reddy. 3. The Revenue Divisional Officer, Sanga Reddy Division, Sanga Reddy District. 4. The Tahsildar, Kandi Mandal, Kandi, sanga Reddy District. 5. one cc to SRI M/s BHARADWAJ ASSOC|ATES, Advocate [opUC] 6. Two ccs to GP. FoR REVENUE, High court forthe state of relangana at Hyderabad . [OUTI

7. Two CD Copies PMK BS HIGH COURT DATED t2211212025 c L-r t:) 't 5 F,l\.R 2026 * * ORDER WP.No.19186 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS 0 #>JKS a+f"l"n